HomeMy WebLinkAboutPC Reso 19-3103RESOLUTION NO. 3103
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING CONDITIONAL USE PERMIT PLN -19-00054,
THEREBY RECINDING RESOLUTION NO. 12-2808 AND ALLOWING AN
EXTENSION TO THE EXISTING HOURS OF OPERATION FOR A
RESTAURANT WITH LIVE ENTERTAINMENT.
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On December 19, 2012, the Planning Commission approved Conditional Use
Permit PLN -12-00267, for live entertainment to take place at an existing
restaurant with incidental alcohol sales; and,
B. On April 19, 2019, Jesus Rivas (hereinafter "applicant"), submitted a request for
a revision to the original Condition Use Permit to extend the allowed hours of
operation for live entertainment and rescind Conditional Use Permit PLN -12-
00267; and,
C. On May 17, 2019, the applicants were issued a letter deeming the application
incomplete.
D. On August 20, 2019, the application was deemed complete after all required
documents were submitted and reviewed.
E. On August 22, 2019, a notice of the public hearing was sent to all property
owners within 500' of the subject site and the notice was published in Downey
Patriot; and,
G. The Planning Commission held a duly noticed public hearing on September 4,
2019, and after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1), Existing Facilities.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
A. The requested Conditional Use Permit will not adversely affect the intent and
purpose of this article or the City's General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof. The
subject site is located within an active downtown commercial area that contains
similar restaurant uses so the project should not cause a nuisance related to
public convenience or general welfare to any nearby persons residing or working
in the area. Rather, the project aims to diversify the amount of goods and
services available to patrons of city businesses. The following policies are
promoted by the proposed CUP:
Resolution No. 3103
Downey Planning Commission
Policy 1.1.4 — Provide an appropriate amount of land use for people to acquire
goods and services
The CUP promotes the above policy expanding the availability of live
entertainment which aims to complement the existing restaurant that it will serve.
This will not only continue to provide, but will also expand, the type and amount
of goods and services available to the nearby community and general public.
B. The requested use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located. The
new proposed hours of operation for live entertainment are intended to
complement the existing restaurant use. The live entertainment component is
occasionally found within commercial downtown areas, including Downtown
Downey. Live entertainment and proposed amended hours are also viewed as a
common practice for many restaurants located in downtown areas. The main use
of the site as a restaurant will remain the same and adverse impacts are not
anticipated. "Mambo Grill" has received the least amount of "calls for service"
among all downtown restaurants with incidental alcohol within the last year.
Additional security guards have been required as a part of this approval to
ensure adequate safe guards are provided to prevent future impacts. Therefore,
the request is not anticipated to adversely affect the adjacent commercial
businesses, nor hinder the area's potential for future growth and development.
C. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular
area. The proposed scope of work for the interior remodel does not include
changes to the building's square footage, and the extended hours of operation do
not warrant a need for additional accommodations to the site. The proposed work
does not create alterations that would restrict future permitted uses from
occupying the site or an existing use located within the nearby area from altering
their operations. In addition, the project is in full compliance with the Downtown
Downey Specific Plan. Therefore, the size and shape of the site proposed for the
use is adequate to allow the full development of the proposed use in a manner
not detrimental to the particular area.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. Live entertainment in conjunction with the
ongoing operation of an existing full service restaurant is not anticipated to
generate additional traffic. Live entertainment is an incidental amenity to the
existing primary restaurant use. The combination of uses is common within active
downtown areas and the existing infrastructure is built to accommodate these
types of downtown uses. Therefore, the existing transportation infrastructure and
public parking facilities that provides access to and from the project site and the
nearby downtown will remain adequate in supporting the type and quantity of
traffic generated by the existing use.
PLN -19-00054 — 11018 Downey Ave.
September 4, 2019 - Page 2
Resolution No. 3103
Downey Planning Commission
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby approves Revision 'A' to
Conditional Use Permit PLN -12-00267, subject to conditions of approval attached hereto as
Exhibit 'A', which are necessary to preserve the health, safety and general welfare of the
community and enable the Planning Commission to make the findings set forth in the previous
sections. The conditions are fair and reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of September 2019.
Steven Domigue,Chairrr�an
`6ity Planning-Gommissietf
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted b� the
Planning Commission of the City of Downey at a regular meeting thereof, held on the 4t day of
September 2019, by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens,
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
Frometa, Spathopoulos, Duarte and Dominguez
Mary Cavan
City Play}
PLN -19-00054 — 11018 Downey Ave.
September 4, 2019 - Page 3
Secretary
mmission
Resolution No. 3103
Downey Planning Commission
PLN -19-00054
(CONDITIONAL USE PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this revision to Conditional Use Permit PLN -12-00267 allows for an
extension of hours of operation for live entertainment within an existing restaurant with
incidental alcohol sales.
2) The form of live entertainment is limited to dancing, disc jokey, live bands, and karaoke.
The dance floor area shall be limited to the northern 346 square foot dining area as
indicated in the approved set of plans.
3) The permitted hours of operation for the restaurant and live entertainment are as follows:
Sunday — Wednesday 9:00 a.m. — 12:00 p.m.
Thursday — Saturday 9:00 a.m. — 2:00 a.m.
4) This establishment is also allowed to operate from 9:00 a.m. — 2:00 a.m. on Sundays
during holiday weekends when Monday is recognized as a holiday. These holidays are
limited to:
a)
Martin Luther King's Birthday
b)
Presidents' Day
C)
Memorial Day
d)
Labor Day
5) Live entertainment shall cease thirty (30) minutes prior to closing.
6) "Last call" for alcohol purchases shall occur thirty (30) minutes prior to closing.
7) The resolution which approved Conditional Use Permit PLN -12-00267 is hereby voided
and shall no longer be enforceable.
8) Prior to the submittal of plans into Building and Safety Plan Check or commencement of
business, whichever occurs first, the applicant and the property owner shall sign an
affidavit of Acceptance of Conditions, as provided by the City of Downey.
9) The site shall remain in conformance with this request and the approved set of plans.
10) The Planning Commission reserves the right to revoke or modify this CUP if any
violation of the approved conditions occurs, or any violation of the Downey Municipal
Code occurs.
11) The Planning Commission reserves the right to revoke or modify this CUP if harm or
operational problems such as criminal or anti -social behavior occur. Examples of harmful
or operation behaviors include, but not limited to, violence, public drunkenness,
vandalism, solicitation and/or litter.
PLN -19-00054 — 11018 Downey Ave.
September 4, 2019 - Page 4
Resolution No. 3103
Downey Planning Commission
12) Approval of revisions to Conditional Use Permit PLN -12-00267 (PLN -19-00054) shall not
be construed to mean any waiver of applicable and appropriate zoning regulations, or
any Federal, State, County, and City laws and regulations. Unless otherwise expressly
specified, all other requirements of the City of Downey Municipal Code shall apply.
13) Applicant shall comply with all conditions of PLN -19-00054 before this Conditional Use
Permit becomes valid.
14) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
15) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
16) The business owner shall consent to and provide access to all areas of the subject
premises without charge during normal business hours to any Police Department or
other City Official for purposes of verifying compliance with any of the Conditions of
Approval of this CUP, as well as with any Police Permit and approved Security Plan.
17) All Department of Alcoholic Beverage Control rules and regulations shall be enforced
and complied with. The applicant shall submit to the City Planner a copy of the
Department of Alcoholic Beverage Control license, including any and all conditions
imposed, which will be kept on file in the Planning Division office.
18) It shall be the responsibility of the applicant/licensee to provide all employees that sell or
serve alcoholic beverages with the knowledge and skills that will enable them to comply
with their responsibilities under State law.
19) The knowledge and skills deemed necessary for responsible alcoholic beverage service
shall include, but not be limited to the following topics and skills development:
a) State laws relating to alcoholic beverages, particularly ABC and penal provisions
concerning sales to minors and intoxicated persons, driving under the influence,
hours of legal operations and penalties for violations of these laws.
b) The potential legal liabilities of owners and employees of businesses dispensing
alcoholic beverages to patrons who may subsequently injure, kill, or harm
themselves of innocent victims as a result of the excessive consumption of
alcoholic beverages.
PLN -19-00054 — 11018 Downey Ave.
September 4, 2019 - Page 5
Resolution No. 3103
Downey Planning Commission
C) Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
d) Methods for dealing with intoxicated customers and recognizing underage
customers.
20) The following organizations have been identified by the State Department of Alcoholic
Beverage Control as providing training programs which comply with the above criteria;
a) Department of Alcoholic Beverage Control L.E.A.D. Program Telephone (916)
419-2500.
21) All signs shall comply with Chapter 6 of the Downey Municipal Code.
22) All promotions of the business shall be conducted under direct control of the business
owner. There shall be no outside promoters of live entertainment or night club activity at
any time.
23) Cover charge for the admission to the business shall only be permitted during the
display of pay-per-view sporting events. During such events TV monitors shall be
blocked from or oriented away from the public right of way. There shall be no cover
charge during any other time.
24) The subject property and surrounding area must be maintained free of trash, litter, and
debris at all times. Surrounding area shall mean one storefront on either side of the
tenant space.
25) The owner/applicant shall ensure that all entry and exit doors to and from the subject
business remain closed during all hours of operation.
26) The owner/applicant shall not permit any loitering on the subject site.
27) Customers shall not be within the business after the specified closing time.
28) The sale of alcohol shall be incidental to the sale of food.
29) The gross sales of alcohol shall not exceed the gross sales of food. At the request of
the City Planner, the applicant shall provide evidence that the gross sales of food
exceed 50% the gross sale of alcohol.
30) The sale of alcohol shall be incidental to the sale of food within the dining area.
31) The kitchen shall remain open to serve a full menu at all times the business is
open. The service/sale of prepackaged foods, salads, or sandwiches is not considered
to be in compliance with this condition.
32) The sale of alcoholic beverages for off the premises consumption shall be prohibited.
Consumption of alcoholic beverages shall be prohibited outside of the tenant space or
designated outdoor dining area when in use. There shall be appropriate posting of signs
both inside and outside the licensed premises indicating that drinking outside the
licensed premises is prohibited by law.
PLN -19-00054 — 11018 Downey Ave.
September 4, 2019 - Page 6
Resolution No. 3103
Downey Planning Commission
33) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
34) The rear door shall only be accessible to employees (unless required for an emergency),
and must remain shut when not in use.
35) Deliveries to the premises are prohibited between 10:00 P.M. and 7:00 A.M.
36) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval the
revision of Conditional Use Permit PLN -12-00267 (PLN -19-00054), into the approved set
of building plans.
BUILDING
37) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey.
38) Prior to the commencement of any construction, the applicant shall obtain all required
permits. Once permits are issued, the applicant shall obtain all necessary inspections
and permit final prior to occupancy of the business.
39) The Title Sheet of the plans shall include:
a) Occupancy Group
b) Occupant Load
C) Description of use
d) Floor area of building(s) and/or occupancy group(s).
POLICE
40) Prior to selling alcoholic beverages, the owner/applicant shall obtain any and all required
Police Department permits for this Conditional Use Permit.
41) The owner/applicant must provide a minimum of four (4) licensed and bonded,
uniformed patrolmen or security guards on-site during the hours of 8:00 p.m. to 2:00
a.m. on Thursdays, Fridays, and Saturdays. As well as on Sundays before specified
holidays when hosting live entertainment and open from 8:00 p.m. to 2:00 a.m. The
number of security guards may be increased as the Chief of Police determines is
necessary.
42) The business owner shall consent to and provide access to all areas of the subject
premises without charge during normal business hours to any Police Department or City
Official for purposes of verifying compliance with any of the Conditions of Approval of
this approval, as well as with any Police Permit and approved Security Plan.
43) Signs shall be posted at all entrances to the premises and business identifying a zero -
tolerance policy for nuisance behavior at the premises (including the parking lot). Signs
shall be posted along the entry/ exit ways and shall also include verbiage prohibiting the
possession and consumption of alcohol outside the premises.
44) The owner/applicant shall not permit any loitering in front of the business.
PLN -19-00054 — 11018 Downey Ave
September 4, 2019 - Page 7
Resolution No. 3103
Downey Planning Commission
45) A copy of this conditional use permit and any Police permit shall be prominently posted
on the premises at all times. The applicant shall make available said copies upon
request by any Police Officer or other City official charged with the enforcement of the
City's laws, ordinances, or regulations.
46) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
47) The owner/applicant shall impose a dress code that shall not permit patrons to wear the
following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are
work backwards.
48) The Licensee shall be responsible for monitoring the business to prevent anyone under
the age of 21 from purchasing or consuming alcohol.
49) The owner/applicant shall comply with and strictly adhere to all conditions of any permit
issued by the Alcohol Beverage Control ("ABC") to the applicant and any applicable
regulations of ABC.
50) Upon the determination by the Chief of Police that the operation of the business requires
additional on-site security, the applicant shall submit and obtain approval of a revised
security plan to the Chief of Police. The number of security guards shall be determined
by the Chief of Police and may be increased or decreased as the Chief of Police
determines is necessary. The security plan shall be submitted to the Police Department
within fourteen (14) days of being requested. Should the Police Department request any
additional information or modifications, the business owner/permittee shall submit said
revisions within forty-eight (48) hours of notification.
FIRE
51) The applicant is responsible for obtaining all necessary permits prior to the
commencement of construction.
52) Provide the City of Downey Fire Department with a floor plan, schedule and
specifications of all equipment.
53) If not already provided, install key boxes (e.g. Knox Boxes) to occupancy [CA Fire Code
§506.1 ].
54) Existing cooking hood/exhaust system automatic fire extinguishing system shall be UL
300 complainant; and have the required semi-annual inspection and testing [CA Fire
Code § 904.2.2; §904.5; §904.12; §609].
55) Type I commercial kitchen hood inspection frequency and cleaning shall be at intervals
set forth in Table 609.3.3.1 — upon request occupancy shall furnish reports indicating
kitchen hood is being cleaned at required intervals to reduce risk of fire [CA Fire Code
§609.3].
56) Premises shall be appropriately addressed. An approved address identification shall be
provided that is legible and placed in a position that is visible from the street/road. Sizing
shall be approved and at a minimum meet requirement of CA Fire Code [CA Fire Code
§505.1 ].
PLN -19-00054 — 11018 Downey Ave.
September 4, 2019 - Page 8
Resolution No. 3103
Downey Planning Commission
57) Provide occupancy load sign to the occupancy[CA Fire Code §1004].
58) Egress shall be designed to meet requirements of CA Building Code and Chapter 10 of
the CA Fire Code for occupant load, number of egresses, egress sizing, etc.
59) The establishment shall comply with all current code requirements for the occupancy
use and type.
PUBLIC WORKS
60) The applicant is responsible for obtaining all necessary plan approvals and permits.
61) If any hazardous material is encountered on the site that has the potential to reach the
ground water supply, the owner/applicant shall secure a permit for the State Regional
Water Quality Control Board.
62) The owner/applicant must comply with all applicable Federal, State and local rules and
regulations, American Disabilities Act (ADA), including compliance with South Coast Air
Quality Management District (SCAQMD) regulations.
[End of Conditions]
PLN -19-00054 — 11018 Downey Ave.
September 4, 2019 - Page 9